Windfall tax for major companies to be introduced in Russia

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Daily Monitoring of the Legislation

Monitoring of the Federal Legislation dated 23.11.2001

Decision of the Constitutional Court of the Russian Federation of November 22, 2001 on the Case of Constitutionality of Item 2 of Article 16 of the Law of the Russian Federation on the Certification of Products and Services Pursuant to the Appeal of Citizen V.P.Redekop

The challenged item regulates the procedure of payment for the works in obligatory certification of a particular product by its maker (seller, executor). According to the applicant, the given norm permits the bodies of executive power, because of the ambiguity of its contents, to impose through their acts and collect obligatory payments, including those of taxation nature, thus violating Articles 35 (Part 1), 55 (Part 3) and 57 of the Constitution of the Russian Federation.
The provision of Item 2 of Article 16 of the mentioned Law is recognized as not complying with the Constitution inasmuch as it permits to introduce obligatory labeling of particular products outside the certification range with registered information stamps, with respective expenses covered by the subjects of entrepreneurial activities. The provisions of the normative acts inasmuch as they are based on the provision of Item 2 of Article 16 of the given Law in the interpretation different from its constitutional and legal meaning may not be applied by courts, other bodies and officials and must be abrogated according to the established procedure.

Decision of the Government of the Russian Federation No. 808 of November 21, 2001 on the Amendments to the Rules of Passing of Qualification Examinations and Issue of Driver's Licenses Endorsed by the Decision of the Government of the Russian Federation No. 1396 of December 15, 1999

An exception is made to the general rule specifying the term of issue of the driver's license of 10 years. The persons having arrived to the territory of the Russian Federation temporarily without foreign driver's licenses get Russian driver's licenses for the effective term of their documents for the temporary stay. The Decision specifies the particulars of issue and replacement of the driver's licenses to the mentioned persons.

Order of the State Customs Committee of the Russian Federation No. 1035 of November 1, 2001 on the Endorsement of the Procedure of Recognizing As Desperate for Collection and Writing Off of Arrears and Debts in Penalties for the Federal Taxes and Revenues Due for Payment Because of the Transfer of Commodities across the Customs Border of the Russian Federation

The endorsed procedure defines the activities of the customs bodies in recognizing as desperate for collection and writing off of arrears and debts in penalties for the federal taxes and revenues due for payment because of the transfer of commodities across the customs border of the Russian Federation. The Order defines the reasons for recognizing as desperate for collection and writing off of the debt being: liquidation of the organization, bankruptcy of an independent entrepreneur or death of a natural person or his being acknowledged as dead by a court. The Order sets forth the procedure of taking the decision by the State Customs Committee of the Russian Federation on the recognizing of the debt as desperate for collection, its writing off and registration.
Registered in the Ministry of Justice of the Russian Federation on November 19, 2001. Reg. No. 3044.

Order of the Ministry of Economic Development and Trade of the Russian Federation, Ministry of Property Management of the Russian Federation, Ministry of Taxes and Revenues of the Russian Federation No. 320/208/BG-3-21/355-a of September 18, 2001 on the Endorsement of the Procedure of Determination and the List of Indicators of Economic Efficiency of Activities of the Federal State Unitary Enterprises and Open-Type Joint-Stock Companies with Federally-Owned Stocks

The determination of the endorsed values of indicators of economic efficiency of activities is carried out on the basis of the programs (plans) of activities of the mentioned enterprises and companies, accounting and other reports and other resources submitted by the heads of the unitary enterprises and representatives of the Russian Federation in the bodies of management of the joint-stock companies. The determination of the values of indicators of economic efficiency of activities varies for the unitary enterprises and joint-stock companies.
Registered in the Ministry of Justice of the Russian Federation on November 19, 2001. Reg. No. 3043.

Direction of the Central Bank of Russia No. 1048-U of November 14, 2001 on the Amendments to the Regulation of the Bank of Russia on the Consolidated Reports of Credit Organizations No. 29-P of May 12, 1998

Provides the new wording for the procedure of drawing up of consolidated reports by credit organizations, their submission to the Bank of Russia, as well as the use of the data of consolidated reports in banking enforcement. The Direction is entered into force beginning with January 1, 2002. Credit organizations shall draw up reports as of January 1, 2002 according to the new procedure.

Letter of the Ministry of Taxes and Revenues of the Russian Federation No. BG-6-07/846 of November 6, 2001 on the Labeling of Alcoholic Products

The labeling of alcoholic products with identification stamps, quality stamps and any other stamps introduced by regional laws and orders may not serve as the necessary prerequisite for their selling. The departments of the Ministry of Taxes and Revenues of the Russian Federation are ordered to prohibit the selling of products labeled with stamps other than those envisaged in the federal normative documents in producer enterprises, wholesale and retail trade and public catering enterprises.

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